Mas v. Perry
Mr. Mas = citizen of France; Married Mrs. Mas, who is from MS; both are grad students in LA – want to sue LA landlord; complaint met amount in controversy, but jury verdict did not – fed jdx proper?
Diverse citizenship must be diverse when the complaint is filed
Must be both a citizen of the US and domiciliary of state to be citizen of state (not just a resident of the state)
• “Domicile” = true, fixed, and permanent home…only changes if take up residence in different domicile w/ intention to remain there
o Until you acquire a new domicile, you remain a domiciliary and citizen of state
o Amount in controversy: determined by amount claimed by the P in good faith; Federal jdx not lost b/c judgment of less than that amount is awarded
Diverse citizenship must be diverse when the complaint is filed
Must be both a citizen of the US and domiciliary of state to be citizen of state (not just a resident of the state)
• “Domicile” = true, fixed, and permanent home…only changes if take up residence in different domicile w/ intention to remain there
o Until you acquire a new domicile, you remain a domiciliary and citizen of state
o Amount in controversy: determined by amount claimed by the P in good faith; Federal jdx not lost b/c judgment of less than that amount is awarded
Tags: Diversity Jdx
Source:
Source:
Flashcard set info:
Author: stgillian
Main topic: Law
Topic: Civil Law
School / Univ.: Tulane
City: New Orleans, LA
Published: 02.03.2010
Card tags:
All cards (94)
Amend (4)
Answer (4)
Attorney Fees (1)
Class Action (4)
Default (1)
Discovery (8)
Diversity Jdx (2)
Impleader (4)
Interpleader (1)
Intervention (8)
Jdx (12)
JNOV (3)
Joinder (5)
PI (2)
Pleading (19)
Real Parties (1)
Right to Jury (6)
Sanctions (4)
Specificity (11)
Summary Judgment (8)
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